SECTION 32.4. Hearing Procedures

(a) Hearings of contested cases referred to SOAH shall be conducted by an administrative law judge assigned by SOAH and in accordance with the Act, the rules of SOAH, and this chapter. SOAH shall acquire jurisdiction over a case when the commission completes and files a Request to Docket Case form, together with other pertinent documents giving rise to the contested case.

(b) Discovery. The scope and form of discovery in a contested case shall be the same as provided by the Texas Rules of Civil Procedure and shall be subject to the constraints provided therein for privileges, objections, protective orders, and duty to supplement, as well as the constraints provided in the Act and rules of SOAH.

(c) Evidence. The Texas Rules of Evidence as applied in a nonjury civil case in district court shall govern contested case hearings. The admissibility of evidence in a contested case shall be governed by the Act and by the rules of SOAH.

(d) Burden of proof. A party seeking monetary damages or penalties shall bear the burden of proof. In all other instances, the party challenging a commission decision or action shall bear the burden of proof.

(e) Transcript. Proceedings shall be recorded when requested by the ALJ, the commission, or by any party. The cost of preparing the transcript shall be assessed against and is to be paid by the party or parties requesting the transcription.

Source Note: The provisions of this §32.4 adopted to be effective February 15, 2024, 49 TexReg 633